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Patent Litigations as a Barrier to Innovation:
The Case of LEDs
MOTI Seminar, Grenoble Ecole de Management, 7 novembre 2014.
Cédric GossartAltay ÖzaygenMüge Özman
Institut Mines-Télécom / Télécom Ecole de Management
Outline
1. Objectives
2. Background
3. Method & Data
4. Results & Discussion
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1. Objectives
1. Shed light on whether patents are barriers to ecoinnovation in the LED sector.
2. Understand the differences between litigated patents and non litigated ones.
3. Formulate policy recommendations to overcome barriers to ecoinnovation in the LED sector.
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Cradle-to-cradle LEDs?
4cycLED demonstrators
The lighting sector
Lighting technologies: Stage 1 (flame-based lighting)
Fuel combustion has dominated the long history of lighting:
• 4500 years ago: in modern day Iraq oil lamps were used to burn oils made from olives and seeds.
• 2000 years ago: the first candles appeared in Rome.
• 200 years ago: first gasworks established in Freiburg by Lampadius (German mineralogist).
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Source: De Almeida, Santos et al. (2014: 32).
Stage 2: electricity-based lighting
Source: http://www.cree.com/News-and-Events/Cree-News/Press-Releases/2014/March/300LPW-LED-barrier.
2014
Nobel prize winner Nakamura
What is an LED?
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Source: cycLED Deliverable 2.1: Categorization of LED products.
8Source: cycLED Deliverable 2.1: Categorization of LED products.
Energy benefits of LEDs
9Source: The Climate Group (2012).
Environmental benefits of LEDs: There is room for improvements!
10Source: Aman et al. (2013).
What solutions to inefficient lighting?
11Source: Wissema (1982), quoted in Olleros (1986: 7).
LEDs
Environmental benefits of LEDs?
Highly innovative field (see Cecere et al., Research Policy, June 2014).
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• McKinsey & Company (2012): the most promising technology in terms of commercial viability by 2020, ahead of electric vehicles.
• In 2020: Sales on the global lighting market > 100 billion Euros (80% for general lighting).
• LED share in general lighting =
• 45% in 2016
• 70% in 2020
The lighting & LED markets
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Evolution of LED patents
• Huge increase in the past 20 years…
• … but decline in 2013!
(not seen here)
The LED knowledge base
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• Growth in the number of different subject matters incorporated in the LED domain (cf. growth in the number of nodes).
• Certain knowledge fields are “peripheral”: they are weakly connected to each other and to the core, where the core in return is strongly connected).
• After 2000, the periphery has narrowed down: possible saturation of knowledge dynamics?
Why patent litigations?
• Weak IPR regimes help to the emergence and diffusion of transistor, semiconductor and mobile telephony technologies (Dosi et al. 2006).
• 94 % of patent lawsuits are related to software (Allison et al. 2009).
• Half a trillion dollar of loss for defendants between 1990-2010 (Bessen et al. 2011).
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Patents as barriers to ecoinnovation?
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3. Methods & Data
Patent Litigation in LEDs
• Patent litigations have the potential to deter innovation.
• What are the nature of the litigated patents in LED?
• Comparisons of patent characteristics used to distinguish the differences between the group of litigated patents from the group of those which are not litigated.
• Patents being classified within the H01L 33 IPC code.
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Descriptive statistics
• PATSTAT 2014 april. and MAXVAL litigation databases.
• Discriminant function analysis for 1990-2000 and 2000-2010 periods.
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Group statistics
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Coefficient of linear discriminants
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4. Results & Discussion
LED patents as barriers to innovation?
• Litigated patents are significantly different in terms of their scientific basis, and in terms of their potential use in later innovations.
• Litigated LED patents are highly scientific (i.e. cite many scientific publications) => good quality => hard to invalidate => more law suits for infringement => barrier for SMEs & high costs (=> less money for innovation).
• Knowledge base of the industry: possible saturation of knowledge dynamics? => use of litigations as barriers to protect patent pool? Incentive to cross-license? => barrier for SMEs.
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Cédric Gossart http://gossart.wp.mines-telecom.fr/
Altay Ö[email protected]
Müge Özmanhttp://muge.wp.mines-telecom.fr/
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Backup slides
The cycLED project• Objectives:– Minimize consumption of target metals in LED-products via
• Design for longevity, reuse, repair;• Optimized end-of-life of LED products.
– Produce highly efficient ecodesigned LED products.• Project Duration: 42 months– 1 January 2012 to 30 June 2015 • Coordination:– Dr. Otmar Deubzer, Fraunhofer IZM• Financing:– ~ 5.4 mio €, co-funding of ~ 4 mio € by EC, FP7 (CP, DG ENV)• cycLED project web page: www.cyc-LED.eu
Larger Com
panies
SMEs
Research,Academ
iccycLED members & activities
1. Fraunhofer IZM (DE, Coordination, WP2, 5)2. EcoDesign Center Wales (EDCW, UK; WP2, 6)3. Institut Mines-Télécom (IMT, FR; WP8)4. Nottingham Trent University (NTU, UK; WP3)5. OUT (DE; WP4)6. Sirris (BE; WP7)
7. ELPRO Elektronik-Produkt Recycling GmbH (DE; WP5)8. Braun Lighting Solutions (DE; WP4, demonstrator1)9. ONA (ES; WP4, demonstrator 3)10. Riva GmbH Lighting (DE; WP4, demonstrator 4)
11. ETAP Lighting (BE; WP4, demonstrator 2)12. Philips Lighting (NL; WP6)13. Umicore (BE; WP5)
A plea for methodological pluriformity
Source: René Kemp (2012), “Ideas for future research on eco-innovation”, IMT eco-innovation seminar, 1 December, Paris.
Phase I: Qualitative & explorative
Phase II: Quantitative & extensive
Interview guideline & collected data (Phase I)
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